In the beginning of the 1990's Norway was among the first countries in the world to liberalise its electricity market. Opening up for competition between the power producers/-traders, combined with comprehensive monopoly regulation of the power grid, has since put its imprint on all sides of the Norwegian power sector. This has also led to substantial restructuring processes. The lawyers of Kvale has actively participated in this development, both through legislative work and by assisting power producers, grid companies, trading enterprises, retailers and power intensive industries through this whole period. This makes the foundation for the recognition that Kvale enjoys with respect to its knowledge of the power sector, and understanding the needs of the participants involved.
We advise a number of Norwegian and foreign businesses linked to hydro power, wind power and other renewable energy sources. Our work covers the whole value chain from land and property acquisitions, development and production to trade and distribution. We also have extensive experience with restructuring, transactions and financing related to power and grid enterprises. In addition, our lawyers are regularly engaged in litigating civil disputes before all instances of the judiciary, including commercial arbitration courts.
Kvale is ranged in the field of Electricity/Renewable Energy of both Chambers Europe and Legal 500.
Our advice includes:
- Concessions; applications and conditions linked to the Energy Act, the Industry Concession Act, the Watercourse Regulation Act, the Water Resources Act and the Electricity Certificate Act
- Drafting and negotiation of contracts on acquisition/lease of waterfalls, watercourse regulation and other property rights, as well as registration and implementation of such contracts
- Drafting and negotiation of loan agreements, including project financing, in the power sector
- Power trading; drafting of physical and financial power contracts, regulatory advice on Norwegian and EU law (market behaviour, MiFID, EMIR, REMIT etc.)
- Issuing and trade of electricity certificates and other instruments linked to renewable energy production (LECs, GoGs, EECS etc.)
- Transactions / restructuring of ownership; due diligence, drafting and negotiation of transaction agreements, implementation and settlement
- Competition issues related to the power sector
- Negotiation and litigation related to all forms of legal disputes, both before the ordinary courts, courts of appraisement and arbitration courts
- Drafting and negotiation of contracts on sale or lease of waterfalls and other property rights.
Kvale also advises the participants in the power sector within other areas of law, including employment & labor law and tax law.